Wilson v. Schneider

Citations

• 124 Ill. 628
• 17 N.E. 8

Syllabus

<p>1. Redemption by judgment creditor—to case the judgment debtor has died—the-statute construed. The object of section 27, chapter 77, of the Revised Statutes, was to give a judgment creditor whose judgment was obtained after the death of his debtor, by the allowance of his claim in the probate court, the same right of redemption as was given to the judgment creditor who had recovered his judgment in the lifetime of the debtor, and to prescribe for the former the same mode of effecting such redemption as had been prescribed for the latter.</p> <p>2. Same—execution—necessity therefor—and of the time within which it must be issued. In either case, whether the judgment shall have been recovered in the lifetime of the debtor or not, it is essential to the right of redemption that an execution shall have been issued, and whatever limitation as to the time within which the execution must be issued, applies as well to the special execution named in section 27 as to the ordinary fieri facias mentioned in section 20 of the same chapter.</p> <p>3. So where the owner of a claim allowed against an estate, desires to redeem land of the deceased debtor sold on execution or decree of foreclosure, he must take out a special execution within seven years from the time his claim is allowed. His right to redeem does not exist outside of the statute, and he must follow the proceeding pointed out in the statute, and in the mode therein prescribed.</p>